The End of Life Choice Act 2019 has been the subject of significant debate. With 65.1% of New Zealander’s voting in support of the Act in the 2020 referendum, it came into force on 6 November 2021. Healthcare providers have many questions around the extent of their rights and obligations – in particular, their ability to refuse to provide end of life services. The issue was taken to the High Court in a recent case. 

On 28 August 2021, the COVID-19 Response (Management Measures) Legislation Bill (“the Bill”) was passed, and the Bill will be rubber stamped into the law shortly. Somewhat surprisingly, the Bill introduces a new “rent reduction in an emergency” clause which will function as the default “rent reduction” clause for leases that do not already have one. This article discusses what the Bill means for landlords and tenants in the commercial space.

When a spouse dies, it can be a challenging time for the one left behind. After the grieving, organising the funeral and saying goodbye, a surviving spouse or partner will normally turn to the will. Few people know the surviving spouse has a choice between taking their entitlement under the will or applying to the court for a division of the relationship property.

Our people and our workplaces will grow and prosper when our systems reflect those within it. While our legislation doesn’t expressly reflect our Māori workplaces or those who embody tikanga and/or Māori values, it doesn’t mean your employment space has to be void of tikanga.  In this article we share some tips to ensure that tikanga is present in your organisation’s employment rules, just as much as it is in the everyday mahi. 

Being a trustee is an onerous duty, particularly when someone is alleging they have a claim against you personally as a trustee or that they have a claim against the property of the trust/estate you are administering.  Section 135 of the Trusts Act 2019, formerly section 75 of the Trustee Act 1956, provides an effective, but not often utilised, solution – it enables you to require the person making the allegation to “put up or shut up”.

If you are appointed as an executor under a Will, a large amount of trust is placed in you. An executor has duties towards the beneficiaries, and beneficiaries have their own rights.  But what about when an executor is also a beneficiary under a Will? How do you balance those two roles?

This article looks at the recently-enacted Local Government (Rating of Whenua Māori) Amendment Act 2021, and what it means for owners and occupiers of Māori land.  We touch on the five key areas of the Act that take positive steps to support the development of Māori land, remove long standing obstacles for engagement and partnership between local authorities and Māori, and equitably modernise the rating system for Māori Land.  

Retirement villages have been in the spotlight recently, with Retirement Commissioner Jane Wrightson calling for an urgent review into the nearly 20-year-old retirement village legislation. In this article we look at some of the key things to be aware of when you are considering moving into a retirement village, and what our team look out for when reviewing a retirement village contact.

Lawyers have duties to their clients under the Property (Relationships) Act 1976 when it comes to certifying Relationship Property Agreements. These duties apply whether the client needs a Contracting Out Agreement (sometimes called a Pre-Nuptial Agreement) or a Separation Agreement. This article outlines what needs to be provided for the Agreement, and why it is vital your lawyer collect this information. 

Many of the environmental issues we now face are consequences of legislation that strived for a better future, but in practice did more damage than good.  Over the coming months we'll be bringing you a series of articles which will look at the background and issues for resource management, and track the ever-developing changes.  Our first article looks at the motivation to change the resource management space, and where things are at in that process.

Land covenants are commonly used in New Zealand to protect a party’s underlying interests in land. The Supreme Court has recently provided guidance for landowners and developers on how the Courts will treat potentially irrelevant covenants, and how they can be extinguished or modified by the Court.

Ensuring you and your significant other are on the same page when it comes to your shared and separate assets gives you both peace of mind. This article outlines how you can make your mutual understanding official with a Contracting Out Agreement. 

The New Zealand Government’s rollout of the COVID-19 vaccination is in full swing.  This article explores how employers can manage the vaccination of employees.

International Women’s Day celebrates the social, economic, cultural and political achievements of women from across the globe. To recognise International Women’s Day 2021, we look to our own shores for inspiration to and discuss how wahine Māori, through the Mana Wāhine Waitangi Tribunal Inquiry, are reshaping and solidifying the narrative with respect to wāhine Māori, through both a historic and contemporary lens.

With the new Trusts Act 2019 now in force, the spotlight is on trustee accountability.  When setting up or becoming involved in a trust, trustee liability and protection of trustees are important considerations.  Should trustees be exposed for decisions made by a trust owned entity, or should they be shielded?  The Trusts Act 2019 imposes default duties on trustees.  This article outlines the new default duties and looks at a case study of an attack on trustees and their successful defence behind a shield contained in the trust deed.